WHAT TO DO AFTER YOU HAVE YOUR MOTION FORMS COMPLETED
Bring your completed form to the Family Court Commissioner (FCC) Office (100 S Jefferson St., Green Bay, WI 54301)
Obtain a hearing date from the FCC
Obtain approval to waive the filing and service fees from the FCC (if eligible)
Make 4 copies of the motion papers
Bring the original and all 4 copies and the Fee Waiver to the Clerk of Court (100 S Jefferson St., Green Bay, WI 54301).
(You must pay a filing fee at the Clerk of Court if you are not eligible for the waiver)
Clerk of Court will keep the original motion
Clerk of Court will give back 4 Authenticated (red stamp) copies
Keep one authenticated copy for yourself
Bring one authenticated copy to the FCC
Print off two copies of the income and expense sheets online
Keep one for yourself
Serving notice to the other party
By sheriff or process server:
Bring two authenticated copies of the motion papers and one copy of the income and expense sheet
to the Sheriff's office with the Fee waiver
(You must hire a process server and pay a fee if you are not eligible for the waiver)
The Process Server will serve the other party with one copy of the motion and the income/expense sheet
They will fill out an Affidavit of Service and send it to you with the second copy of the motion
Mail an authenticated copy of your motion papers to the other party and include an Income and Expense form.
Fill out the Affidavit of Mailing in front of a Notary Public (YOUR SIGNATURE MUST BE NOTARIZED)
Make one copy of the Affidavit of Service (or Affidavit of Mailing) and bring both to the Clerk of Court
The clerk will keep the original and give you an authenticated copy
MAKE SURE YOU APPEAR ON TIME FOR THE HEARING.
If you have questions, make a list to have with you if you’re allowed to speak
Remember, you can ONLY speak to the issues in the motion….you can’t bring up new issues at the hearing.
LINK TO THE WISCONSIN COURT SYSTEM SELF HELP LAW CENTER
REPRESENTING YOURSELF IN COURT (link to the Wisconsin Court System Self-Help Law Center)
WAIVER OF FEES
- PETITION FOR WAIVER OF FEES AND COSTS
If you feel you are unable to pay the filing fees and cost of serving your documents, please print and complete this form. Submit it to the Family Court Commissioner with your motion papers. You must include a BLANK Order on Petition for Waiver of Fees and Costs (see below).
- Prisoner's Petition for Waiver of Prepayment of Fees/Costs - Affidavit of Indigency
If you are incarcerated and feel you are unable to pay the filing fees and cost of serving your documents, please print and complete this form. Submit it to the Family Court Commissioner with your motion papers. You must include a BLANK Order on Petition for Waiver of Fees and Costs (see below).
- ORDER ON PETITIION FOR WAIVER OF FEES AND COSTS
If you are filing a petition to waive the costs and fees for filing and serving your motion papers, you MUST include this document with your Petition for Waiver of Fees and Costs. DO NOT COMPLETE THIS DOCUMENT. LEAVE IT BLANK AND SEND IT WITH THE COMPLETED PETITION AND YOUR MOTION PAPERS TO THE FAMILY COURT COMMISSIONER.
AGREEMENT TO CHANGE
- Stipulation to Change Order
A Pro Se Stipulation is a document parties can use to change parts of the court order when both agree to the changes. The document must be completed in ink and each party sign. It can then be mailed or brought to the Famly Court for approval. The Family Court will check with the Child Support Agency before approval to see if public assistance is being received and if the Child Support Agency must approve the change first.
Check with your caseworker if you are receiving public assistance to see if the changes can be approved.
You need to print the Stipulation and Order to Change and Order to Change.
- Order to Change
NO AGREEMENT TO CHANGE
- Forms to File Pro Se Order to Show Cause to Change an Order
An Order to Show Cause to Change an Order is a request to ask the Court to decide if a change should be made to the original order. An Order to Show Cause MUST be personally served; it cannot be sent in the mail. You can hire a privade process server (under Process Servers online or in the phone book) or you can use the Brown County Sheriff to serve the documents. The fee to use the Brown County Sheriff can be waived if a Petition for Waiver of Fees is approved by the Family Court.
You need to print the Pro Se Order to Show Cause to Change an Order, Affidavit in Support of Order to Show Cause, and the Income and Expense Statement.
- Forms to File a Pro Se Motion to Change a Court Order
A Motion is a request to a Court to do something. You may request a change in child support, custody, placement or other issues relating to your child that were included in the orignal judgment or order. There is a fee to file this motion. If you feel you cannot afford the fee, print and fill out the Petition for Waiver of Fees and send/bring it to the Family Court office with your motion papers.
You need to print the Pro Se Notice of Motion and Motion to Change an Order and the Income and Expense Statement.
- Affidavit in Support of Order to Show Cause to Change an Order
Needs to be completed with the Pro Se Order to Show Cause to Change an Order
- Forms for Order to Show Cause for Finding of Contempt
An Order to Show Cause for Contempt is a request to the Court asking them to decide if an order is not being followed on purpose. The Court has to find that the person knew they had a court order, had the ability to follow it and refused to do it anyway to find them in contempt.
You need to print the Order to Show Cause for Finding of Contempt and the Affidavit in Support of the Order to Show Cause for Finding of Contempt.
- Affidavit in Support of Order to Show Cause for Finding of Contempt
Needs to be completed with the Order to Show Cause for Finding of Contempt
- Affidavit of Mailing
An Affidavit of Mailing is used to tell the Court that documents were mailed to another party. The original must be filed with the Clerk of Court and a copy provided to the Family Court before the hearing.
- Income and Expense Statement
When a motion to change a child support order is filed with the Court, a financial disclosure is required by both parties. Use this form to tell the Court what your income is and all your expenses.